2)If the Supreme Court does review the constitutionality of the mandate, how will they rule?
I think it will be a 4-4-1 split, all conservatives objecting on the basis of the Commerce Clause, with Anthony Kennedy being the deciding vote.
What I want to know is what would happen if Kagan recuses herself and there is a 4-4 deadlock?
There's no reason for her to recuse herself.
I think she was somehow involved with the process, but I don't know what role that was.
She's said she wasn't. I'm willing to take her word for it. That being said, with as much as Obama had been criticized up to that point, he probably should've known she'll be criticized for not recusing herself, and he's probably going to regret nominating her.
